The Supreme Court on Thursday granted four weeks’ protection from arrest to journalist Abhisar Sharma to approach the Gauhati High Court against a First Information Report (FIR) lodged against him by the Assam Police.
A bench of Justices M M Sundresh and N K Singh refused to entertain his plea against the FIR and said he should seek appropriate relief from the high court.
The FIR was registered under multiple sections of the Bharatiya Nyaya Sanhita, including Section 152, which deals with acts endangering the sovereignty, unity and integrity of India.
In his plea, Sharma had challenged Section 152. The Supreme Court issued notice on the prayer and tagged it with other pleas challenging the provision, which the petitioners contend “reintroduces the colonial sedition law”.
Senior Advocate Kapil Sibal said the provision has become an “omnibus” provision, which is being invoked just against anybody.
Justice Sundresh asked why he was bypassing the high court. “FIR you challenge before the high court. Why are you bypassing the high court? We will give you protection…you go to the high court. Just because you are a journalist…,” Justice Sundresh said.
Sibal pointed out that the Supreme Court had already intervened in similar petitions and urged the bench that there must be some “uniformity”. The bench, however, said he should approach the high court.
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Sibal then said, “This is not fair…what has the journalist done? This court is dealing with the matter…some uniformity must be there. They will lodge another FIR; then, what will I do? Don’t do this. Society looks up to this court…please do not do this.”
In its order, the court said, “Issue notice and tag on with respect to the challenge to the vires of the Act. So far as challenge to FIR is concerned, we are not inclined to interfere. However, we are inclined to give interim protection to the petitioner for a period of four weeks so he can approach the high court.”
